Interim decision after admissibility decision
Communication No. 107/1981*
Submitted by: Maria del Carmen Almeida de Quinteros on 17 September
1981
Alleged victim: Elena Quinteros Almeida (author's daughter)
State party: Uruguay
Date of interim decision: 15 October 1982 (seventeenth session)
Procedural issues.- State party's duty to investigate request for
further information-Sufficiency of State party's reply under article
4 (2) of the Optional Protocol
Article of the Optional Protocol: 4 (2)
The Human Rights Committee,
Noting that the author of the communication has submitted detailed
information, including eyewitness testimonies, concerning the detention
of her daughter, Elena Quinteros,
Taking note also of the brief information submitted by the State
party on 14 June and 13 August 1982, to the effect that Elena Quinteros
has been sought throughout Uruguay since 8 May 1975 and that the Government
of Uruguay had no part in the events described by the author of the communication,
Concerned, however, that the State party has made no attempt to
address in substance the serious and corroborated allegations made against,
it, but merely denies any knowledge thereof,
Concluding, that the information furnished by the State party, so
far, is insufficient to comply with the requirements of article 4 (2) of
the Optional Protocol,
1. Urges the State party, without further delay and with a view
to clarifying the matters complained of, to conduct a thorough inquiry
into the allegations made and to inform the Human Rights Committee of the
outcome of such inquiry not later than 1 February 1983, in care of the
Centre for Human Rights, United Nations Office at Geneva;
2. Decides, that any reply received from the State party pursuant
to operative paragraph I above shall be transmitted to the author of the
communication to enable her to comment thereon if she so wishes. Any such
comments should reach the Human Rights Committee, in care of the Centre
for Human Rights, United Nations Office at Geneva, within four weeks of
the date of transmittal;
3. Further decides, that this decision shall be communicated to
the State party and to the author of the communication.